Functions and powers
|Interlocutory Decision on Jurisdiction - 02.10.1995||
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36. […] In sum, the establishment of the International Tribunal falls squarely within the powers of the Security Council under Article 41.
See also paras 31, 38.
UN Charter: Article 41.
|Decision on Extension of Mandate - 15.09.2006||
15. The Appeals Chamber recalls that the UN Security Council, acting under Chapter VII of the UN Charter as a legislator, has adopted the Statute and established the Tribunal as an instrument for the exercise of its own principal function of maintenance of peace and security, i.e., as a measure contributing to the restoration and maintaining of peace in the former Yugoslavia. While the UN Security Council is not a judicial organ and is not provided with judicial powers, it exercises, in discharge of its functions, both decision-making and executive powers, including those related to the mandates of the Tribunal’s Judges.
 The Prosecutor v. Duško Tadić a.k.a. “Dule”, Case No. IT-94-1-AR72, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, 2 October 1995 (“Tadić Decision”), para. 38.
 Ibid., para. 37.
 For example, pursuant to Article 13ter of the Statute, the ad litem judges of the Tribunal are elected by the General Assembly from a list submitted by the Security Council.